In Illinois, drivers can lose their driving privileges due to a conviction for driving under the influence (DUI), multiple traffic violations, or conviction for a felony offense involving a vehicle. Driver’s license suspensions eventually terminate and the driver can pay a small fee to reinstate their driving privileges. However, once your driver’s license is revoked, the only way to get it back is through a driver’s license reinstatement hearing. Formal hearings are held at one of four Secretary of State locations in Illinois.

Understand the Requirements for License Reinstatement

Formal driver’s license reinstatement hearings are usually required when a driver has been convicted of a serious offense such as a second or third DUI or DUI resulting in death. Attending the hearing alone does not guarantee reinstatement. Depending on the circumstances of the offense, drivers may be required to complete a DUI risk education class, early intervention program, or substance abuse treatment to regain driving privileges. Make sure you understand exactly what is expected of you and complete those requirements before your hearing.

Conduct Yourself in a Professional and Polite Manner

The process of reinstating your license after a DUI or other offense can be complicated and frustrating. However, it is important not to let feelings of frustration or anger get the best of you. One of the best ways you can make a good impression on the Secretary of State hearing officer and prosecutor is to act with professionalism and courtesy. It may seem trivial, but politeness can go a long way in a reinstatement hearing. Showing up late, dressing inappropriately, or using rude language can harm your chances of getting your license back.

Being arrested, charged with, or convicted of a crime can change your life forever. Not only can criminal convictions lead to jail time, and other penalties, being involved in the criminal justice system can also damage your personal and professional reputation. Having a criminal record can adversely affect your ability to get a job, secure housing, and live the life you want to. Understandably, many people are eager to get their criminal records erased. Read on to learn about expungements and record sealing in Illinois and what you should do if you want help erasing your criminal record.

Erasing Your Arrest Record

People get arrested every day. Whether due to an allegation of driving under the influence (DUI), shoplifting, drug possession, or another crime, being placed under arrest is not the same thing as being charged or convicted of a crime. Unfortunately, even if your arrest did not result in a conviction, there may still be a record of the arrest. Others may be able to view this arrest record and use it against you. Fortunately, you may be able to have the record of your arrest cleared from your record through the expungement process.

What Offenses Can Be Expunged?

Expungement completely erases or destroys a person’s criminal record. If you were charged with a crime but were not convicted, you can probably get your record expunged. Typically, an individual qualifies for expungement if:

In Illinois, drivers can lose their licenses for many different offenses. Driver’s license suspensions and revocations may result from charges for driving under the influence (DUI), multiple traffic violations, and failure to pay tickets. Once a license is suspended or revoked, the license holder is prohibited from driving any motor vehicle. Driving with a suspended or revoked license is a criminal offense. Fortunately, there may be a way to get back on the road legally after losing your license.

Seeking Driving Relief Through a Hardship License

If you lose your license, you may wonder how you will travel to work, attend classes, or manage other important responsibilities. One option is to seek driving relief through a Restricted Driving Permit (RDP). RDPs are sometimes referred to as “hardship licenses” because they offer partial driving privileges for those adversely affected by the loss of their driver’s license. For example, if you risk losing your job because you cannot drive, this may qualify as a hardship.

To get an RDP, you will need to attend a Secretary of State hearing and demonstrate that a hardship exists. If you lost your license because of a DUI, you will also need to complete the steps indicated by your drug and alcohol evaluation risk classification. This may include ten hours of DUI Risk Education, early intervention, substance abuse treatment, or other activities. Lastly, you will need to show the Secretary of State hearing officer that you are not going to re-offend. The RDP will let you drive to certain locations for certain purposes. Many RDP holders use their RDP to get to work, transport children, or attend medical appointments.

In Illinois, a person may be subject to a driver’s license suspension or revocation if they are accused of drunk driving, leaving the scene of an accident, multiple traffic violations, drag racing, or other offenses. Once your license is suspended or revoked, it is illegal to drive any motor vehicle. Driver’s license suspensions automatically terminate after a certain period of time. Once the suspension is up, you pay a fine and regain your driving privileges.  

Unlike a driver’s license suspension, a driver’s license revocation does not automatically terminate. To get your license back after it is revoked, you must attend a Secretary of State hearing and demonstrate that you have met the requirements for driver’s license reinstatement.

Informal Secretary of State Reinstatement Hearings

If your license was revoked because you were convicted of driving under the influence (DUI) for the first time or you committed multiple moving violations, you will most likely need to attend an informal reinstatement hearing. During the hearing, the hearing officer will ask you questions about the circumstances that led to the driver’s license revocation, your drug and alcohol use, and why you are seeking reinstatement of your driver’s license.

When we drink alcohol, the alcohol can be detected in our breath, urine, and blood. Often, the results of a chemical blood alcohol content (BAC) test are a key component of an arrest for driving under the influence (DUI). Breath tests, sometimes called Breathalyzers, analyze the alcohol on a person’s breath in order to approximate the person’s BAC. If you or a loved one have been arrested for drunk driving, it is important to understand how breathalyzer results can impact the case.

Can I Refuse a Breathalyzer in Illinois?

When police officers suspect a driver of drunk driving, they usually ask the driver to take a breath test. The subject blows into the device and the device registers a number representing that person’s estimated blood alcohol content. The use of the term “estimated” is intentional. Roadside breathalyzers are considered “preliminary breath tests.” These devices can estimate the amount of alcohol a person drank but they are not accurate enough to be entered as evidence in a DUI case.  Preliminary breath tests are used to establish probable cause for a DUI arrest. You have the right to refuse a preliminary breathalyzer.

The breath test used at the police station is more reliable than the portable breath tests used during a traffic stop. You do not have the right to refuse this “evidentiary breath test” per Illinois’ implied consent laws. If you refuse a breath test after being arrested for DUI, you face an immediate one-year driver’s license suspension.